Minn. Gen. R. Prac. 363.02

As amended through October 28, 2024

Rule 363.02 - Procedure

The initiating party may proceed by default if:

(a) all noninitiating parties have been properly served with the summons or notice of motion;

(b) the summons or notice of motion did not contain a hearing date; and

(c) there has been no written answer or return of the request for hearing form from any party within 21 days from the date the last party was served.

The initiating party shall file an order with the court within 45 days from the date the last noninitiating party was served with the summons and complaint or notice of motion and motion. The initiating party shall also file with the court a separate current affidavit of default and a current affidavit of non-military status regarding each non-initiating party. If an order is not filed with the court within 45 days, the court administrator shall mail a notice to all parties that the matter shall be scheduled for hearing unless the initiating party files an order along with all necessary documents within 14 days from the date notice was mailed. If the initiating party fails to file the necessary documents within the allotted 14 days, the court administrator shall set the matter on for hearing and serve upon all parties and the county agency by U.S. mail at least 14 days before the scheduled hearing, notice of the date, time, and location of the hearing. The notices shall be sent by electronic means in accordance with Rule 14 to any party who has agreed to or is required to accept electronic service under Rule 14.

Minn. Gen. R. Prac. 363.02

Amended effective 7/1/2015; amended effective 7/1/2019; amended effective 11/22/2023.

Advisory Committee Comment-2019 Amendment

Rules 372.05, subd 5, and 363.02 and.03 are amended in 2019 to harmonize the rules and create a uniform 21 -day period for responding to motions for child support.

Advisory Committee Comment-2023 Amendments

Rule 363.02 is modified in 2023 to require a separate affidavit for each defaulting party, which results in a clear record with separate case events in the court's case management system.